MANILA, Philippines – Even after the Commission on Elections (Comelec) amended it, the ban on withdrawals beyond P100,000 remains a rule without a penalty.

How then will the money ban work against vote buying? In the first place, the agency deputized to implement it – the Bangko Sentral ng Pilipinas (BSP) – is reluctant to follow the Comelec.

In an interview, Comelec chair Sixto Brillantes Jr said while the Comelec is ready to impose penalties on violators, it has not done so even in its amended resolution. Brillantes, however, remained confident the money ban will curb vote buying.

“Bakit gustong gusto n’yong magparusa ng tao? Ayaw nga namin.” Brillantes said in jest. (Why do you want us to punish people? In fact we don’t want to.)

Reporters, however, pressed him for a more concrete answer, saying a law without a penalty remains toothless against violators. Brillantes said the Comelec is mulling penalties. (Watch more in the video below.)

He explained: “May parusa ‘yan. Siyempre, ‘pag may regulasyon kami, hindi sumunod, may parusa. Whether it’s administrative, criminal, election offense, hindi pa namin napapagdesisyunan. Pero there will be a penalty.”

(It has a penalty. Of course, if we have a regulation and people violate it, there is a penalty. Whether it’s an administrative, criminal, or election offense, we have not decided. But there will be a penalty.)

The amended money ban, under Supplemental Resolution No. 9668-A, adds to the exemptions those who usually withdraw more than P100,000. The poll body leaves it up to the banks to decide who will get exempted.

The original Comelec Resolution No. 9668, which covers the money ban, limits cash withdrawals to P100,000 starting Wednesday, May 8, until election day, May 13.

Both documents do not penalize violators of the ban on withdrawals.

Money ban’s loopholes

How effective is this ban then? Brillantes himself admitted it has loopholes that politicians can exploit.

He said: “Maraming lusot. Hindi ko na iintindihin ‘yung kontsabahin. Ang daming puwedeng gawin. Gusto mo bang turuan ko ang mga pulitiko kung paano nila malulusutan ang resolution namin? Huwag naman. Alam ko kung paano sila lulusot. Meron; maraming lusot. Wala namang perfect na resolution na walang lusot eh. Meron at meron.”

(It has many loopholes. I will not worry much about connivance. They can do a lot, anyway. Do you want me to teach politicians how to exploit the loopholes of our resolution? Please don’t. I know exactly how they can skirt it. There are many loopholes. No resolution is perfect and has no loopholes. There will always be loopholes.)

Nevertheless, Brillantes asserted the ban will minimize vote buying. (Watch more in the video below.)

“Hindi ko sinasabing makakapigil ha; ang sinasabi ko makaka-minimize ng vote buying. Kung mas konti ang perang umiikot, mas konti ang vote buying,” said Brillantes, a veteran election lawyer who said his background helps him craft rules like this. (I’m not saying it can prevent it; what I’m saying is, it can minimize vote buying. If little money circulates, then we can minimize vote buying.)

The money ban, however, faces challenges. The Bankers Association of the Philippines, a group of the country’s largest banks, asked the Supreme Court to stop the Comelec from implementing the money ban. Previously, the Chamber of Thrift Banks, a group of smaller banks mostly operating in the provinces, also said the Comelec order disrupts their service to their niche clients of small and medium enterprises.  

Even President Benigno Aquino III criticized the resolution, saying he has not given his concurrence for the Comelec to implement this rule. The Constitution requires the President’s concurrence before the Comelec can deputize the BSP. – Rappler.com